The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

PART 7 Consequential, Transitional and Savings Provisions

Revocations

32.—(1) The following instruments are revoked—

(a) the 2007 General Regulations;

(b) the Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007(1);

(c) the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007(2).

(2) This regulation is subject to regulations 34 to 41.

Transitional provisions and savings: general

33.  Regulations 34 to 41 are without prejudice to section 16 of the Interpretation Act 1978(3).

Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters

34.—(1) The 2007 General Regulations continue to have effect in relation to—

(a) an existing contravention,

(b) an existing offence,

(c) a vehicle—

(i) to which an immobilisation device was fixed in accordance with regulation 12 of the 2007 General Regulations before the commencement date, but

(ii) which had not been released from that device immediately before the commencement date,

as they had effect immediately before the commencement date.

(2) Regulation 11 of the 2007 General Regulations continues to apply on and after the commencement date in relation to a penalty charge notice fixed to a vehicle under regulation 9 or 9A of the 2007 General Regulations before that date.

(3) Regulations 12 and 13 of the 2007 General Regulations continue to apply on and after the commencement date in relation to a relevant vehicle while that vehicle remains in the place where it was found by a civil enforcement officer.

(4) For the purposes of paragraph (3), a relevant vehicle is a vehicle to which a penalty charge notice—

(a) was fixed under regulation 9 or 9A of the 2007 General Regulations before the commencement date, and

(b) which had not been removed or cancelled in accordance with those Regulations immediately before that date.

(5) In this regulation—

“existing contravention” means a parking contravention which was committed in a civil enforcement area before the commencement date;

“existing offence” means an offence under any of the following provisions of the 2007 General Regulations which was committed before the commencement date—

(a)

regulation 11(1);

(b)

regulation 12(4);

(c)

regulation 12(5);

(d)

regulation 13(2);

(e)

regulation 13(3).

Transitional provisions and savings: outstanding penalty charges

35.—(1) Paragraph (2) applies where—

(a) a 2007 GPR charge is outstanding in relation to a vehicle,

(b) a 2022 parking charge is imposed in respect of that vehicle, and

(c) the owner of the vehicle when the 2022 parking charge is imposed was the owner of the vehicle when the outstanding 2007 GPR charge was imposed.

(2) Where this paragraph applies, the outstanding 2007 GPR charge is to be treated for the purposes of regulation 14 of these Regulations as a 2022 penalty charge which is outstanding in relation to the relevant vehicle.

(3) In this regulation—

“2007 GPR charge” means a penalty charge—

(a)

relating to a parking contravention that was committed in a civil enforcement area for such contraventions before the commencement date, and

(b)

which—

(i)

was imposed under the 2007 General Regulations before the commencement date, or

(ii)

is imposed on or after the commencement date under the saved 2007 General Regulations;

“2022 parking charge” means a penalty charge relating to a parking contravention and payable in accordance with regulation 6 of these Regulations.

(4) A 2007 GPR charge is outstanding in relation to a vehicle if the conditions in paragraph (5) or (7) are met in relation to that charge.

(5) The conditions in this paragraph are met in relation to a 2007 GPR charge if—

(a) the charge was outstanding in relation to the vehicle for the purposes of the 2007 General Regulations immediately before the commencement date, and

(b) where the 2007 GPR charge was the subject of a charge certificate served under regulation 21 of the 2007 General Regulations before the commencement date, that charge certificate had not, immediately before the relevant notice is given, been set aside under regulation 23 of the saved 2007 General Regulations.

(6) For the purposes of paragraph (5) “the relevant notice” means the regulation 10 penalty charge notice imposing the 2022 parking charge mentioned in paragraph (1)(b).

(7) The conditions in this paragraph are met in relation to a 2007 GPR charge if the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment by any means, and—

(a) if an enforcement notice has been served under the 2007 General Regulations, or, as the case may be, the saved 2007 General Regulations, in respect of the 2007 GPR charge, the charge is the subject of a charge certificate which—

(i) is served under regulation 21 of the saved 2007 General Regulations on or after the commencement date, and

(ii) has not been set aside in accordance with the regulation 23 of those Regulations;

(b) if no enforcement notice has been served under the 2007 General Regulations, or, as the case may be, the saved 2007 General Regulations, in respect of the 2007 GPR charge—

(i) the charge relates to a vehicle which, when the charge became payable, was not registered under the Vehicle Excise and Registration Act 1994 (“VERA 94”) or was incorrectly registered,

(ii) having taken all reasonable steps, the enforcement authority to which the charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve an enforcement notice, and

(iii) the period of 42 days beginning with the date on which the charge became payable has expired.

(8) For the purposes of paragraph (7)—

(a) a vehicle was incorrectly registered if it was registered under VERA 94 but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;

(b) an “enforcement notice” means—

(i) a notice to owner (within the meaning of the 2007 General Regulations, as they had effect immediately before the commencement date), or

(ii) a penalty charge notice (within the meaning of the 2007 General Regulations, as they had effect immediately before that date).

(9) In this regulation “the saved 2007 General Regulations” means the 2007 General Regulations as they continue to have effect by virtue of regulation 34.

Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: adjudicators and related reports

36.—(1) Regulation 17(6) of the 2007 General Regulations and the relevant requirements continue to have effect in relation to any period which—

(a) ended immediately before the commencement date, and

(b) in respect of which a relevant adjudicator would have been required to submit an annual report to the relevant enforcement authorities if the 2007 General Regulations had not been revoked by these Regulations.

(2) Paragraph (3) applies where a period in respect of which a relevant adjudicator would have been required to submit an annual report under regulation 17(6) of the 2007 General Regulations (a “reporting period”)—

(a) began before the commencement date, but

(b) had not ended immediately before that date.

(3) Where this paragraph applies—

(a) the adjudicator must submit a report to the relevant enforcement authorities in respect of the period which—

(i) begins with the first day of the reporting period, and

(ii) ends immediately before the commencement date, and

(b) the relevant requirements continue to have effect for that purpose as they had effect for the purposes of regulation 17(6) immediately before the commencement date.

(4) Regulation 17(7) of the 2007 General Regulations continues to have effect in relation to any period which—

(a) ended immediately before the commencement date, and

(b) in respect of which the relevant enforcement authorities would have been required to make an annual report to the Secretary of State if the 2007 General Regulations had not been revoked by these Regulations.

(5) Paragraph (6) applies where a period in respect of which the relevant enforcement authorities would have been required to submit an annual report to the Secretary of State under regulation 17(7) of the 2007 General Regulations (an “RA reporting period”)—

(a) began before the commencement date, but

(b) had not ended immediately before that date.

(6) Where this paragraph applies, the relevant authorities must submit and publish a report to the Secretary of State on the discharge by the relevant adjudicators of their functions during the period which—

(a) begins with the first day of the RA reporting period, and

(b) ends immediately before the commencement date.

(7) In this regulation—

“relevant adjudicator” means an adjudicator who—

(a)

was appointed under regulation 17 of the 2007 General Regulations, and

(b)

held office immediately before the commencement date;

“the relevant requirements” means the requirements imposed by the relevant authorities for the purposes of regulation 17(6) of the 2007 General Regulations, as they had effect immediately before the commencement date.

Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: arbitration

37.—(1) Where—

(a) an issue is referred to arbitration under paragraph (1) of regulation 18 of the 2007 General Regulations before the commencement date, and

(b) that arbitration is not completed before that date,

the arbitration may be continued on and after that date as if regulation 18 of the 2007 General Regulations continued to have effect.

(2) Where—

(a) the Secretary of State gives any relevant joint committee a direction under regulation 18(2) of the 2007 General Regulations before the commencement date, but

(b) the relevant issue has not been referred to arbitration in accordance with regulation 18(1) of those Regulations before that date,

the relevant direction is to be treated as if it had been given to the relevant committee under regulation 17(2) of these Regulations.

(3) For the purposes of paragraph (2) “the relevant committee” means the joint committee constituted, or treated as constituted, under regulation 18 or 19 of these Regulations of which the enforcement authorities in default for the purposes of regulation 18 of the 2007 General Regulations are members.

(4) Paragraph (5) applies where, on or after the commencement date, any of the relevant enforcement authorities (the “defaulting authorities”) fail to agree the proportions in which any transitional expenses are to be defrayed.

(5) Where this paragraph applies—

(a) the authorities concerned must refer the issue to an arbitrator in accordance with regulation 17(1), and

(b) the Secretary of State may give the relevant committee such directions as the Secretary of State considers necessary to secure that the issue is so referred.

(6) For the purposes of paragraph (5)—

“relevant committee” means the joint committee constituted, or treated as constituted, under regulation 18 or 19 of these Regulations of which the defaulting authorities are members;

“transitional expenses” means expenses under section 81 of the TMA 2004 which—

(a)

were incurred before the commencement date, or

(b)

are incurred on or after that date in respect of, or in connection with, any existing contravention.

Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by a London authority

38.—(1) Section 55 of the RTRA 1984, as modified by regulation 25 of the 2007 General Regulations immediately before the commencement date, continues to have effect in relation to an existing London enforcement authority in respect of any completed financial year as if the 2007 General Regulations had not been revoked by these Regulations.

(2) For the purposes of paragraph (1) “completed financial year” means a financial year ending before the commencement date.

(3) An existing London enforcement authority’s current section 55 account is to be treated, on and after the commencement date, as forming part of the account which the authority is required to keep under section 55(1) of the RTRA 1984, as modified by regulation 25 of these Regulations, in respect of any part of the relevant financial year falling on and after the commencement date.

(4) For the purposes of paragraph (3), an authority’s current section 55 account is the account kept by it in respect of the part of the relevant financial year falling before the commencement date under section 55(1) of the RTRA 1984, as modified by regulation 25 of the 2007 General Regulations.

(5) In this regulation—

“existing London enforcement authority” means an enforcement authority (within the meaning of section 55 of the RTRA 1984, as modified by regulation 25 of the 2007 General Regulations immediately before the commencement date) which is a London authority;

“the relevant financial year” means the financial year which—

(a)

began before the commencement date, and

(b)

had not ended immediately before that date.

Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by enforcement authorities outside Greater London

39.—(1) Section 55 of the RTRA 1984, as modified by regulation 25 of the 2007 General Regulations immediately before the commencement date, continues to have effect in relation to an existing enforcement authority in respect of any completed financial year as if the 2007 General Regulations had not been revoked by these Regulations.

(2) For the purposes of paragraph (1) “completed financial year” means a financial year ending before the commencement date.

(3) An existing enforcement authority’s current section 55 account is to be treated, on and after the commencement date, as forming part of the account which the authority is required to keep under section 55(1) of the RTRA 1984, as modified by regulation 27 of these Regulations, in respect of any part of the relevant financial year falling on and after the commencement date.

(4) For the purposes of paragraph (3), an authority’s current section 55 account is the account kept by it in respect of the part of the relevant financial year falling before the commencement date under section 55(1) of the RTRA 1984, as modified by regulation 25 of the 2007 General Regulations.

(5) In this regulation—

“existing enforcement authority” means an enforcement authority (within the meaning of section 55 of the RTRA 1984, as modified by regulation 25 of the 2007 General Regulations immediately before the commencement date) which is not a London authority;

“the relevant financial year” means the financial year which—

(a)

began before the commencement date, and

(b)

had not ended immediately before that date.

Transitional provisions and savings: approved devices

40.—(1) A device which is an existing approved device is to be treated, on and after the commencement date, as an approved device for the purposes of these Regulations as they apply in relation to—

(a) a parking contravention, or

(b) an OGL bus lane contravention.

(2) For the purposes of this regulation “existing approved device” means a device approved by virtue of—

(a) article 2 of the Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007, or

(b) article 2 of the Bus Lanes (Approved Devices) (England) Order 2005(4),

immediately before the commencement date.

Transitional provisions and savings: charging guidelines

41.—(1) The existing charging guidelines continue to have effect in relation to any existing contravention outside Greater London.

(2) For the purposes of this regulation—

“existing contravention” has the meaning given in regulation 34;

“the existing charging guidelines” means guidelines set out in the Schedule to the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007, as they had effect immediately before the commencement date.

Consequential amendments

42.  Schedule 4 contains amendments to secondary legislation in consequence of Parts 1 to 6 of these Regulations and related transitional and savings provisions.

(1)

S.I. 2007/3486.

(2)

S.I. 2007/3487.

(3)

1978 c. 30.

(4)

S.I. 2005/2756.